QLDIn ForceAct
Environmental Protection Act 1994
sec.316GADefinitions for part
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### sec.316GA Definitions for part
In this part—
emergency situation means—
an emergency for which an authorised person may give an emergency direction or take an action under section 467 ; or
a biosecurity event for which a biosecurity emergency order is made under the Biosecurity Act 2014 , section 113 ; or
a disaster situation declared under the Disaster Management Act 2003 , part 4 ; or
the following under the Fire Services Act 1990 —
a state of fire emergency declared under section 145T of that Act;
a situation in relation to which an authorised fire officer may take measures under section 149I of that Act; or
an emergency situation declared to exist under the Public Safety Preservation Act 1986 , section 5 ; or
a public health emergency for which a public health emergency order is declared under the Public Health Act 2005 ; or
a radiation source in relation to which an inspector may exercise a power under the Radiation Safety Act 1999 , section 148 ; or
a discharge, or likely discharge, of pollutant into coastal waters for which an authorised officer may exercise a power under the Transport Operations (Marine Pollution) Act 1995 , section 95 .
existing ERA , in relation to an emergency situation, means an environmentally relevant activity—
for which an environmental authority is in effect; and
that has increased or is likely to increase in intensity or scale as a result of the emergency situation; and
for which, other than for this part, either of the following would be required—
an amendment of the environmental authority;
another environmental authority.
new ERA , in relation to an emergency situation, means an activity that—
before the start of the emergency situation, was not carried out, or was not an environmentally relevant activity; and
as a result of the emergency situation—
is, or is likely to be, carried out, or has increased, or is likely to increase, in intensity or scale; and
becomes an environmentally relevant activity for which, other than for this part, an environmental authority would be required.
relevant ERA means either of the following activities in relation to an emergency situation—
an existing ERA;
a new ERA.
temporary authority see section 316GC (1) .
s 316GA ins 2023 No. 6 s 53
amd 2024 No. 22 s 92 sch 1
- (a) an emergency for which an authorised person may give an emergency direction or take an action under section 467 ; or
- (b) a biosecurity event for which a biosecurity emergency order is made under the Biosecurity Act 2014 , section 113 ; or
- (c) a disaster situation declared under the Disaster Management Act 2003 , part 4 ; or
- (d) the following under the Fire Services Act 1990 — (i) a state of fire emergency declared under section 145T of that Act; (ii) a situation in relation to which an authorised fire officer may take measures under section 149I of that Act; or
- (i) a state of fire emergency declared under section 145T of that Act;
- (ii) a situation in relation to which an authorised fire officer may take measures under section 149I of that Act; or
- (e) an emergency situation declared to exist under the Public Safety Preservation Act 1986 , section 5 ; or
- (f) a public health emergency for which a public health emergency order is declared under the Public Health Act 2005 ; or
- (g) a radiation source in relation to which an inspector may exercise a power under the Radiation Safety Act 1999 , section 148 ; or
- (h) a discharge, or likely discharge, of pollutant into coastal waters for which an authorised officer may exercise a power under the Transport Operations (Marine Pollution) Act 1995 , section 95 .
- (i) a state of fire emergency declared under section 145T of that Act;
- (ii) a situation in relation to which an authorised fire officer may take measures under section 149I of that Act; or
- (a) for which an environmental authority is in effect; and
- (b) that has increased or is likely to increase in intensity or scale as a result of the emergency situation; and
- (c) for which, other than for this part, either of the following would be required— (i) an amendment of the environmental authority; (ii) another environmental authority.
- (i) an amendment of the environmental authority;
- (ii) another environmental authority.
- (i) an amendment of the environmental authority;
- (ii) another environmental authority.
- (a) before the start of the emergency situation, was not carried out, or was not an environmentally relevant activity; and
- (b) as a result of the emergency situation— (i) is, or is likely to be, carried out, or has increased, or is likely to increase, in intensity or scale; and (ii) becomes an environmentally relevant activity for which, other than for this part, an environmental authority would be required.
- (i) is, or is likely to be, carried out, or has increased, or is likely to increase, in intensity or scale; and
- (ii) becomes an environmentally relevant activity for which, other than for this part, an environmental authority would be required.
- (i) is, or is likely to be, carried out, or has increased, or is likely to increase, in intensity or scale; and
- (ii) becomes an environmentally relevant activity for which, other than for this part, an environmental authority would be required.
- (a) an existing ERA;
- (b) a new ERA.